Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
person is charged with an alleged offence that is alleged to have been
committed on or after 1 January 1986; and
(b) the
person is found to be unfit to stand trial for the alleged offence.
(2) A person who
suffers injury as a consequence of the commission of the alleged offence may
apply for compensation for that injury and any loss also suffered.
(3) If a person, being
a close relative of a person who dies as a consequence of the commission of
the alleged offence, suffers loss as a result of the death, the personal
representative of the deceased may apply for compensation for that loss.
(4) An assessor must
not make a compensation award in respect of a compensation application made
under this section unless satisfied —
(a) if
the application is made under subsection (2) — that the claimed injury
and any claimed loss has occurred and did so as a consequence of the
commission of the alleged offence;
(b) if
the application is made under subsection (3) — that the death occurred
as a consequence of the commission of the alleged offence and that the claimed
loss has occurred.
(5) If an assessor is
satisfied that the person who committed the act or made the omission that
constitutes the alleged offence was, at the time of the act or omission, not
criminally responsible for it, the alleged offence is to be taken not to have
been committed for the purposes of subsection (4) unless the person was not
criminally responsible for it by reason of The Criminal Code section 27.
[Section 15 amended: No. 10 of 2023 s. 315.]